Safety Legislation Update
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Safety Legislation Update Issue 70 February 2014 Authors: Wayne Murphy CMIOSH Senior Risk Analyst RSSB Block 2, Angel Square 1 Torrens Street London EC1V 1NY 020 3142 54942 Wayne.murphy@rssb.co.uk Sarah L O’Connor Team Organiser RSSB Block 2, Angel Square 1 Torrens Street London EC1V 1NY 020 3142 5477 Sarah.l.OConnor@rssb.co.uk Railway Safety Legislation Update; No.70; February 2014 1 Foreword This Safety Legislation Update has been compiled by RSSB following consideration by the Railway Safety Legislation Committee. Its aim is to identify emerging and revised health and safety legislation and supporting documents, which may affect the members of the railway industry. The update is not a definitive list of legislation and only represents the knowledge available at the time of going to print. The update is revised quarterly. No representations are made as to the accuracy and completeness of the information provided. How to use this update The Legislation implementation and update status table This provides details on the proposed implementation dates of the updated/new legislation contained in this update together with a column showing whether the entry has been updated or is new to this issue. Entries and updates New entries to the update are identified as such in their titles Significant changes to entries since the previous issue have been identified with a 15% shading. Each entry is dated at the end with the month that the entry was last updated. Entries in the update are deleted once they become law. Railway Safety Legislation Committee – Terms of Reference The purposes of the Railway Safety Legislation Committee (RSLC) are to: Alert RSSB members to actual and potential changes to safety related legislation likely to impact on their operations or business; and Seek to influence and respond in such a way as to ensure that RSSB member interests are recognised, promoted and protected. The RSLC will: Disseminate early indications and subsequent information regarding legislative proposals concerning operational or occupational safety or the management/ reporting thereof. This includes European, UK national and rail industry specific legislation. Identify and consider the implications of such proposals for the UK rail industry Inform and/or review RSSB activity in promoting/protecting its members’ interests in seeking to influence and/or responding to such proposals.1 This may include preparing and making available to members template responses to formal consultations. Where appropriate set up working parties or authorise the engagement of specialists to assist in meeting the above objectives. Approve the text of the quarterly Safety Legislation Update. 1. The position adopted by RSSB will be in the interests of overall safety in the industry but should not be seen as necessarily representing the views of all individual members Railway Safety Legislation Update; No.70; February 2014 2 Contents Foreword 2 How to use this update 2 Railway Safety Legislation Committee – Terms of Reference 2 Contents 3 Abbreviations and acronyms 4 Related websites 5 Legislation Implementation and update status 6 Section 1 - European Legislation (General) 7 Electro-Magnetic Fields Directive (2004/40/EC amended by 2008/46/EC) Section 2 - EU Legislation (Railways) 8 10 Safety Performance Working Group – Common Safety Indicators & Common Safety Targets 11 European Regulation on the Common Safety Methods – Risk Evaluation & Assessment 13 European Regulation on the Common Safety Methods – Monitoring & Supervision 17 The Fourth Railway Package 19 European Directive on the certification of train drivers (Directive 2007/59/EC) - Amendments to Annexes on general professional knowledge and medical and licence requirements 22 Section 3 - UK Legislation (General) 23 CD241 – Proposals to review HSE’s Approved Codes of Practice (ACOPs) 24 CD243 – Proposals to simplify and clarify Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) reporting requirements. 30 Enforcement procedures against drink drivers and other offences 31 Section 4 - UK Legislation (Railways) Level crossing legislation Section 5 - Other railway related consultations ORR’s Approach to Transparency Section 5 – News 33 34 36 37 39 News 40 Key Diary Dates 42 Court Cases 42 Railway Safety Legislation Update; No.70; February 2014 3 Abbreviations and acronyms ACOP Approved Code of Practice ACSH Advisory Committee on Safety and Health at Work ATOC Association of Train Operating Companies CER Community of European Railways CSI Common Safety Indicator CSM Common Safety Method CST Common Safety Target DfT Department for Transport ECM Entity in Charge of Maintenance EMF Electro-Magnetic Fields ERA European Railway Agency HSE Health and Safety Executive HSWA Health & Safety at Work Act IAB Impact Assessment Board ICNIRP International Commission on Non-Ionising Radiation Protection IM Infrastructure Manager MoJ Ministry of Justice NSA National Safety Authority NRV National Reference Value NTR National Technical Rule ORR Office of Rail Regulation RE&A Risk Evaluation and Assessment RIDDOR Reporting of injuries, diseases and dangerous occurrences Regulations 1995 RISC Railway Interoperability & Safety Committee ROGS Railways & Other Guided Transport Systems RSD Railway Safety Directive RSSB Rail Safety and Standards Board RU Railway Undertaking SPG Safety Policy Group SPWG Safety Performance Working Group TSI Technical Specification for Interoperability Railway Safety Legislation Update; No.70; February 2014 4 Related websites ATOC www.atoc.org BIS https://www.gov.uk/government/organisations/depart ment-for-business-innovation-skills DCLG https://www.gov.uk/government/organisations/depart ment-for-communities-and-local-government DEFRA https://www.gov.uk/government/organisations/depart ment-for-environment-food-rural-affairs DfT https://www.gov.uk/government/organisations/depart ment-for-transport European Commission http://ec.europa.eu/index_en.htm ERA www.era.europa.eu/Pages/Home.aspx Government News Network http://www.knowledgeview.co.uk/node/10 HSE www.hse.gov.uk Law Commission http://www.justice.gov.uk/lawcommission/index.htm Network Rail www.networkrail.co.uk ORR http://orr.gov.uk/ RAIB www.raib.gov.uk RSSB www.rssb.co.uk Scottish Law Commission http://www.scotlawcom.gov.uk UIC www.uic.org/ Ministry of Justice https://consult.justice.gov.uk/ Railway Safety Legislation Update; No.70; February 2014 5 Legislation Implementation and update status Legislation Implementation date Updated in (where known) this issue? EUROPEAN LEGISLATION (GENERAL) Electro-Magnetic Fields Directive October 2013 EUROPEAN LEGISLATION (RAILWAYS) Safety Performance Working Group – Common Safety Indicators & Common Safety Targets 2nd set of CSTs introduced Apr 2011 European Regulation on the Common Safety Methods – Risk Assessment & Evaluation July 2012 & May 2015 European Regulation on the Common Safety Methods – Conformity Assessment January 2011 European Regulation on the Common Safety Methods – Monitoring & Supervision June 2013 The Fourth Railway Package Unknown European Directive on the certification of train drivers (Directive 2007/59/EC) - Amendments to Annexes on general professional knowledge and medical and licence requirements Unknown UK LEGISLATION (GENERAL) CD241 – Proposals to review HSE’s Approved Codes of Practice By the end of 2013 CD243 – Proposals to simplify and clarify the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). October 2013 Enforcement procedures against drink drivers and other offences 2014 UK LEGISLATION (RAILWAYS) Level crossing legislation September 2013 Unknown OTHER RAILWAY RELATED CONSULTATIONS ORR’s Approach to Transparency Railway Safety Legislation Update; No.70; February 2014 6 Section 1 - European Legislation (General) Railway Safety Legislation Update; No.70; February 2014 7 Electro-Magnetic Fields Directive (2004/40/EC amended by 2008/46/EC) BACKGROUND This is the third Directive of the suite of physical agents’ Directives. Directive 2004/40/EC was published in 2004, but was never fully transposed by member states (including the UK) on the advice of the Commission. On 29 June 2013, the European Commission repealed Directive 2004/40/EC and published Directive 2013/35/EU on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 13(1) of Directive 89/391/EEC). The published document is available here: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:179:0001:0021:EN:PDF. Member states have been given 3 years up to 1st July 2016 to transpose the Directive into national law. MAIN PROVISIONS Provisions cover risk assessments; control of exposure (with laid down action values and exposure limit values); health surveillance and information, instruction and training. The Directive addresses the protection of workers exposed to electromagnetic fields and the carrying out of effective and efficient risk assessments, proportional to the situation encountered at the workplace. It also defines a protection system that graduates the level of risk in a simple and easily understandable way and commits the European Commission to producing practical guidelines to assist employers in meeting their obligations under the Directive. The Directive contains technical annexes setting out the exposure limit values. Member States have the option of maintaining or adopting more favourable provisions for the protection of workers, in particular the fixing of lower values for the “action levels” or the “exposure limit values” for electromagnetic fields. CURRENT STATUS HSE, on behalf of the UK, will continue working with stakeholders to ensure that all legislative requirements are addressed. They anticipate that a significant number of requirements will already be incorporated into UK law through the Management of Health and Safety at Work Regulations 1999, keeping the introduction of any new legislative areas to a minimum. The EU will publish a Practical Guide early in 2016, supporting the Directive. HSE are working with stakeholders to ensure any practical guidance required to support UK implementation will also be available. RAILWAY INDUSTRY POSITION RSSB and LUL representatives will continue to participate in the transposition process, development of UK guidance and attend industry meetings to confirm the railway’s position that the legislation should be proportionate to the risk. The Vehicle Train Energy System Interface Committee has indicated that further research may be needed to update this report in the light of the revised Directive. Therefore a new a new Research and Development project (T1051 – Investigation into the effects of applying the Physical Agents (EMF) Directive in the UK railway system) is in development. Railway Safety Legislation Update; No.70; February 2014 8 For more information please contact the project technical lead – David Knights; david.knights@rssb.co.uk. OTHER INFORMATION An RSSB report into the implications of the original Directive is available at: http://www.rssb.co.uk/SiteCollectionDocuments/pdf/reports/research/T515_rpt_final.pdf DATE UPDATED: October 2013 Railway Safety Legislation Update; No.70; February 2014 9 Section 2 - EU Legislation (Railways) Railway Safety Legislation Update; No.70; February 2014 10 Safety Performance Working Group – Common Safety Indicators & Common Safety Targets BACKGROUND The Railway Safety Directive (2004/49/EC) requires that ERA sets Common Safety Targets (CSTs) for each member state. Member states are required to provide Common Safety Indicators (CSIs) data to ERA on an annual basis (as per Annex 1 of the Safety Directive). MAIN PROVISIONS Common Safety Indicators (CSIs) These are designed to produce agreed methods to calculate safety levels in every member state so that safety can be monitored during the introduction of all other European safety measures. As with Common Safety Targets, the aim of CSIs is to make sure that levels of safety remain consistent, or improve during the changes that are being made. The agreed indicators are collected by the national safety authorities and delivered to the Agency. They are published on the Agency web site and amongst other things, allow accurate reporting for member states to show that they have achieved their Common Safety Targets (CSTs). The CSIs are primarily used to assess performance against the CSTs and NRVs, although additional information is collected, for example on accident precursors and accident costs. The regulation implementing the CSI directive in the UK came into force on 26 August 2011. Common Safety Targets(CSTs) These are intended to ensure that safety performance is not reduced in any Member State during the period in which changes required by other directives are being made. Given the considerable variation in safety performance across the EU at present single CSTs would not enable individual member states’ performance to be measured so National Reference Values (NRV) were introduced. NRVs are set at individual member state level and member state safety performance will be assessed annually against them. In future the CSTs may be used to set pan-European targets so as to harmonise safety performance in order to support further market liberalisation. NRVs and CSTs are expressed in terms of fatalities and weighted serious injuries normalised by a measure of exposure, such as train km, and cover six areas: passengers, workforce, unauthorised persons, level crossing users, others, and whole society. The second set of CSTs/NRVs were established by an EC decision of 23 April 2012. CURRENT STATUS The CSI and CST working groups merged to form a combined working group called the Safety Performance Working Party (SPWP). The SPWP met for the final time on 12 September 2013. Railway Safety Legislation Update; No.70; February 2014 11 RAILWAY INDUSTRY POSITION The railway industry is responsible for providing CSIs to the ORR by the end of June each year. RSSB co-ordinates the collation of CSI data and reports this direct to ORR: there is no longer a requirement for transport operators to include CSI data in the Annual Safety Reports they submit to ORR. ORR submitted the national CSI data at the end of September 2013 as part of its Annual Safety Report to ERA. The industry’s Annual Safety Performance Report 2012/13, published by RSSB, which can be found here: http://www.rssb.co.uk/SPR/REPORTS/Pages/default.aspx presents a provisional assessment of GB performance against the NRVs/CSTs for 2012 and concludes that safety performance in all categories was acceptable. Please pass suggestions for changes to Annex 1 to George Bearfield george.bearfield@rssb.co.uk ; CER Deputy, or Peter Moran peter.moran@orr.gsi.gov.uk; UK rail representative. So they can be logged with ERA for consideration by Safety Performance Working Party; or Please pass suggestions for changes to the method of assessing performance against CSTs/NRVs to Marcus Dacre marcus.dacre@rssb.co.uk for consideration by the CST Task Force. OTHER INFORMATION A revised Annex 1 to the Railway Safety Directive has been agreed by the European Commission and is expected to be published in the Official Journal later this year. This revision to the Railway Safety Directive will require UK transposition and a further amendment to the Railways and Other Guided Transport Systems (Safety) Regulations 2006. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 12 European Regulation on the Common Safety Methods – Risk Evaluation & Assessment BACKGROUND The Railway Safety Directive (2004/49/EC) required that a series of Common Safety Methods (CSMs) were developed by the ERA to describe how safety levels, achievement of safety targets and compliance with other safety requirements are assessed in the different member states. Original Regulation The CSM on Risk Evaluation & Assessment (CSM REA) was developed according to Article 6(3)(a) of Directive 2004/49/EC (Safety Directive). The Regulation has applied since 1 July 2012 to all significant changes to the railway system – ‘technical’ (engineering), operational and organisational. The Regulation can be found here: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:108:0004:0019:EN:PDF Revised Regulation Following the work of the CSM REA working group and its task forces, in January 2013, a revised version of the Regulation was adopted by the Railway Interoperability & Safety Committee (RISC). The revised version was published in the Official Journal of the European Union on 3 May 2013 and will apply from 1 May 2015. The principal amendments relate to the recognition and accreditation of Assessment Bodies. The revised Regulation can be found here: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:121:0008:0025:EN:PDF The ORR guidance will be amended in due course. RAILWAY INDUSTRY POSITION In October 2013 RSSB published six guidance documents on the application of the CSM REA – Planning an application of the CSM on REA System definition Hazard identification and classification Independent Assessment Risk evaluation and acceptance Safety requirements & hazard management They can be found here http://www.rssb.co.uk/ManagementOfEngineeringChange/pages/default.aspx In June 2014 all these documents will be published as Rail Industry Guidance Notes in the Railway Group Standard Catalogue. The Office of Rail Regulation has published Guidance on how to apply the CSM REA, and in particular the use of the three risk acceptance principles, this document can be found here http://www.rail-reg.gov.uk/upload/pdf/common_safety_method_guidance.pdf Railway Safety Legislation Update; No.70; February 2014 13 In December 2013 ORR published their “Policy statement on the relationship between the CSM for Risk Evaluation and Assessment and other risk assessment requirements”, The document clarifies the position that all changes must be tested formally for significance, and subsequently which risk assessment processes should be applied, eg CSM REA or HASAWA. The document can be found here - http://www.rail-reg.gov.uk/upload/pdf/rgd2013-06.pdf DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 14 European Regulation on the Common Safety Methods – Conformity Assessment BACKGROUND The Railway Safety Directive (2004/49/EC) requires that a series of Common Safety Methods (CSMs) are developed by the ERA to describe how safety levels, achievement of safety targets and compliance with other safety requirements are assessed in the different member states. The CSMs on Conformity Assessment have been developed according to Article 6(3)(b) of Directive 2004/49/EC (Safety Directive). The CSM for assessing conformity with the requirements for obtaining railway safety certificates was published on the 10 December 2010 and came into force across Europe on 3 January 2011. It can be found here: http://www.era.europa.eu/DocumentRegister/Documents/Regulation_1158_2010-CSM_on_Conformity_assessment.pdf The CSM for assessing conformity with the requirements for obtaining railway safety authorisations was published on the 11 December 2010 and came into force across Europe on 3 January 2011. It can be found here: http://www.era.europa.eu/DocumentRegister/Documents/Regulation_1169_2010-CSM_on_Conformity_assessment.pdf MAIN PROVISIONS The CSMs on conformity assessment sets out the criteria that National Safety Authorities (NSAs) will use to assess railway undertakings and infrastructure managers safety management systems (SMS) and network specific requirements. In order to be granted access to the infrastructure, a railway undertaking and infrastructure manager must hold a safety certificate or authorisation respectively. The package will contain the following elements – Safety Certification Part A – SMS Assessment Criteria and Procedures; – This is a standard European Certificate – designed to be transferable between member states. Safety Certification Part B – Harmonised Requirements, Assessment Criteria and Procedures; – This is a network-specific certificate to be issued to cover the particular requirements of a member state’s network. Safety Authorisation – SMS Assessment Criteria and Procedures, network specific Harmonised Requirements, Assessment Criteria and Procedures; – This is guidance and criteria for the assessment of safety authorisations for infrastructure managers. CURRENT STATUS The new European assessment criteria can be found here:(http://www.railreg.gov.uk/server/show/nav.1520), and the revised ORR guidance document was published on 13 April 2011, which can be viewed here: http://www.railreg.gov.uk/upload/pdf/cert_auth_criteria_mainline.pdf The EC has included the recommendation to introduce single safety certification in the 4th Railway Package. The ‘general approach’ agreement by Member States foresees ERA issuing certificates for cross-border operators. Railway undertakings will have the choice of applying to ERA or the NSA for domestic-only operations. Railway Safety Legislation Update; No.70; February 2014 15 The assessment and supervision task force on 17-18 September covered: guidance on the CSM assessment criteria data exchange and collaboration in supervision between NSAs; links between the CSM Regulation for Conformity Assessment, the CSM Regulation or Risk Assessment and the ECM Regulation coordination issues between RUs and ECMs/keepers The key point to emerge is the priority given by EC/ ERA to further specification of criteria for obtaining a safety certificate in order to promote harmonisation ERA are revising the remit of the assessment and supervision task force in light of EC work to take forward the single safety certificate Guidance ERA has produced draft guidance on issuing safety certificates and authorisations in an attempt to bring clarity and consistency to the process following some practical problems and issues raised by some NSAs Following an initial consultation of the assessment and supervision task force, ERA produced a second draft of guidance on the issuing of safety certificates and authorisations. The new draft has been circulated to all NSAs for comment Note that the guidance, once published, is not legally binding but does set some general principles around the certification and authorisation processes with which NSAs should comply. OTHER INFORMATION ERA SMS Task Force has created SMS guidance to assist duty holders: http://www.era.europa.eu/Document-Register/Pages/application-guide-for-SMS.aspx New SMS web pages from the SMS Task Force are on the ERA Website: http://www.era.europa.eu/Document-Register/Pages/Welcome-to-the-European-RailwayAgency-Safety-Management-Systems-Wheel.aspx Application guide for the design and implementation of a Railway Safety Management System was published in May 2013 and can be found here: http://www.era.europa.eu/Document-Register/Documents/ERA-GUI-10-2013SAF%20V%201.pdf New Guidance on the Assessment Criteria for non-mainline safety certificates and safety authorisations under ROGs Following changes to The Railways and Other Guided Transport Systems (Safety) Regulations 2006 ORR has taken the opportunity to revise the assessment criteria for nonmainline safety certificates and safety authorisations. The aim is to reduce duplication by having criteria that are applicable to both infrastructure managers and transport undertakings together in one place. ORR hopes to publish new guidance in March 2014. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 16 European Regulation on the Common Safety Methods – Monitoring & Supervision BACKGROUND The Railway Safety Directive requires that a series of Common Safety Methods (CSMs) are developed by the ERA to describe how safety levels, achievement of safety targets and compliance with other safety requirements are assessed in the different member states. CSMs on Monitoring and Supervision have been developed according to Article 6(3)(c) of Directive 2004/49/EC (Safety Directive). The Regulations were published in the official journal on 17 November 2012 and apply from 7 June 2013. Regulation 1078/2012 CSM on monitoring can be found here: lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:320:0008:0013:EN:PDF http://eur- Regulation 1077/2012 CSM on Supervision can be found here: lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:320:0003:0007:EN:PDF http://eur- MAIN PROVISIONS These CSMs define, as far as they are not yet covered by TSIs, methods to check that the structural subsystems are operated and maintained in accordance with the essential requirements. Monitoring - refers to tasks undertaken by Transport Operators to ensure compliance with their SMS Supervision - refers to activities by NSAs to check Transport Operators CURRENT STATUS Monitoring RUs, IMs and ECMs who already have methods or tools in place for monitoring may continue to apply them so long as they are compatible with the provisions of the Regulation and described in the SMS of the RU/IM or described in the system of maintenance of the ECM. The main requirements of the CSMs on Monitoring are that Transport Operators will need to write strategies and plans for monitoring, to be included in their SMS or be referenced within the SMS. These should coordinate the various monitoring activities such as audits, measuring SPIs, inspections and recommendations from accident investigations. The monitoring should prioritise resources on the basis of risk and should lead to action plans to do the following where relevant: – correctly implement controls – improve existing controls – add new controls RSSB has published guidance for industry on the CSM for monitoring which can be found here: http://www.rssb.co.uk/NP/Documents/CSM%20Regulation%20A4%20Leaflet.pdf Railway Safety Legislation Update; No.70; February 2014 17 Supervision The CSM supervision requires NSAs to have: 1. A strategy that is risk-based and proportionate; 2. Plans that deliver the strategy; 3. A system to make sure that NSA staff are competent to regulate health and safety; 4. Techniques to check the management capability of companies to control risk. ORR uses the Railway Management Maturity Model (RM3); 5. Arrangements to make sure that an NSA uses knowledge from inspecting a company when assessing a request for a safety certificate or authorisation; 6. Clear enforcement policies; 7. Co-operation between NSAs to inspect cross-border train traffic in a co-ordinated manner A Task Force made up of representatives across the NSA’s has met regularly, to develop guidance on how the supervision will be conducted. The International Liaison Group of Government Railway Inspectorates (ILGGRI) has currently held three supervision task force meetings. ERA has also held a task force and has produced guidance on how an NSA can use the CSM to implement a supervision system it can be found here: http://www.era.europa.eu/Document-Register/Documents/ERA-GUI-04-2012SAF_Guidance%20on%20CSM%20Supervision%201%200-clean.pdf RAILWAY INDUSTRY POSITION The CSM is seen as high level and fits well with the current practices of the ORR and duty holders, including ORR’s Risk Management Maturity Model (RM3): http://www.railreg.gov.uk/upload/pdf/management-maturity-model.pdf OTHER INFORMATION In August 2013 RSSB published Safety Assurance guidance to assist transport operators with the CSM for monitoring requirements. The document can be found here http://www.rssb.co.uk/NP/SMS/Documents/50817%20Safety%20Assurance%20Guide%20H ARDCOPY%20V12%20WEB.PDF DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 18 The Fourth Railway Package BACKGROUND The European Commission published proposals for the ‘Fourth Railway Package’ on 31 January 2013. The package is a complex series of proposals, summarised at: http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/01/fourth-railwaypackage_en.htm There are three main components to the technical pillar of the package, where new proposals for safety legislation are put forward: • Interoperability Directive: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0030:FIN:EN:PDF • Safety Directive: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0031:FIN:EN:PDF • Agency Regulation: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0027:FIN:EN:PDF MAIN PROVISIONS The proposals in the Fourth Railway Package focus on four key areas, summarised by the Vice-President of the European Commission in charge of transport as: Standards and approvals that work: The Commission wants to cut the administrative costs of rail companies and facilitate the entrance of new operators into the market. Under the new proposals, ERA will become a “one stop shop”, issuing EU wide vehicle authorisations for placing on the market as well as EU wide safety certificates for operators. Currently vehicle authorisations and safety certificates are issued by each Member State. The stated expectation is that these proposed measures would allow a 20% reduction in the time to market for new railway undertakings and a 20% reduction in the cost and duration of the authorisation of rolling stock, leading overall, to a saving for companies of €500 million by 2025. Better quality and more choice through allowing new players to run rail services: To encourage innovation, efficiency and better value for money, the Commission is proposing that domestic passenger railways should be opened up to new entrants and services from December 2019. Companies will be able to offer domestic rail passenger services across the EU: either by offering competing commercial services or through bidding for public service rail contracts, which account for a majority (over 90%) of EU rail journeys and will become subject to mandatory tendering. The stated expectation is that these proposals would bring clear benefits to passengers in terms of improved services, increasing choice that, combined with structural reforms, could by 2035 produce more than €40 billion of financial benefits for citizens and companies involved and would allow provision of up to an estimated 16 billion additional passenger-km. A structure that delivers: To ensure that the network is developed in the interests of all players, and to maximise operational efficiencies, the Commission is proposing to strengthen infrastructure managers so that they control all the functions at the heart of the rail network – including infrastructure investment planning, day-to-day operations, maintenance and timetabling. Faced with numerous complaints from users, the Commission considers that the infrastructure managers must have operational and financial independence from any Railway Safety Legislation Update; No.70; February 2014 19 transport operator running the trains. This is essential to remove potential conflicts of interest and give all companies access to tracks in a non-discriminatory way. It is stated that, as a general rule, the proposal confirms institutional separation as the simplest and most transparent way to achieve this. Rail undertakings independent of infrastructure managers will have immediate access to the internal passenger market in 2019. However, the Commission can accept that a vertically integrated or “holding structure” may also deliver the necessary independence, with strict firewalls to ensure the necessary, legal, financial and operational separation. Compliance Verification Clause: To safeguard this independence, in view of full passenger market opening in 2019, rail undertakings forming part of a vertically integrated structure could be prevented from operating in other Member States if they have not first satisfied the Commission that all safeguards are in place to ensure a level playing field in practice, and a fair competition is possible in their home market. A skilled workforce: A vibrant rail sector depends on a skilled and motivated workforce. Over the next 10 years, rail will face the combined challenges of attracting new staff to replace the third of its workforce which will retire, while responding to a new and more competitive environment. Experience in Member States which have opened their markets shows this should lead to new and better jobs. Under the EU regulatory framework, Member States will have the possibility to protect workers by requiring new contractors to take them on when public service contracts are transferred, going beyond the general EU requirements on transfers of undertakings. CURRENT STATUS In the EU council working group Member States have reached ‘general approach’ agreement on the Interoperability and Safety Directive. Agreement is expected on the ERA regulation by the end of February 2014. The general approach foresees ERA issuing crossborder vehicle authorisations and cross-border safety certificates. Domestic-only operators will have a choice of applying to ERA or the NSA. The European Parliament has considered the European Commission’s original proposals for the technical pillar and has proposed a number of amendments. The European Commission, Council and European Parliament will seek to agree a consensus position on the proposals later this year The European Parliament Transport Committee agreed on the 17 December to adopt the proposals in the 4th Railway Package including the technical pillar. ERA will become a “onestop-shop” for issuing all vehicle authorisations and safety certificates. Negotiations will continue between member states through the European Commission. More resources on the fourth railway package can be found on European Commission’s website: http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/01/fourthrailway-package_en.htm RAILWAY INDUSTRY POSITION In February 2013, the Commons Transport Select Committee launched a short inquiry into the European Commission’s Fourth Railway Package. The Committee focussed on what impact the package will have on rail in the UK. Evidence received from a number of parties, including TFL, Network Rail and freight organisations, is published at: http://www.publications.parliament.uk/pa/cm201213/cmselect/cmtran/writev/ec/contents.htm. The CER ERA Steering Unit is currently working on a position paper on proposed amendments for the Interoperability Directive, Safety Directive, and ERA Regulation, with Railway Safety Legislation Update; No.70; February 2014 20 the finalisation expected mid April 20141. ATOC are inputting via this process. The DfT have invited input though their ‘Interoperability Newsflash’ service, and are holding industry workshops to consider the proposals under the technical pillar of the package. RSSB has responded directly to this invitation where appropriate (particularly in relation to the proposals relating to ‘national rules’). DATE UPDATED 1 February 2014 Paper not published yet Railway Safety Legislation Update; No.70; February 2014 21 European Directive on the certification of train drivers (Directive 2007/59/EC) - Amendments to Annexes on general professional knowledge and medical and licence requirements BACKGROUND ERA recommended to the European Commission in July 2011 that the Directive be amended to: Require that medical requirement in Annex II paragraph 1.2 should state that the vision for both eyes should be effective. There would no longer be an exemption for anyone who lost the sight in one eye after becoming a train driver. Provide more specific details of the requirements for general professional knowledge in Annex IV. Require drivers to be able to communicate according to Level B1 of the Common Framework of Reference for Language specified by the Council of Europe in Annex VI paragraph 8. CURRENT STATUS Updated proposed amendments to these Annexes placed before the European Commissions’ Railway Interoperability and Safety Committee (RISC) on 30 January 2014 were approved. The only significant change was that drivers should be able to communicate both orally and in writing. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 22 Section 3 - UK Legislation (General) Railway Safety Legislation Update; No.70; February 2014 23 CD241 – Proposals to review HSE’s Approved Codes of Practice (ACOPs) BACKGROUND On 28 November 2011 Professor Ragnar Löfstedt published his independent review of health and safety legislation ‘Reclaiming health and safety for all’. The review reported that overall a wide range of stakeholders supported the principles of ACOPs; however, it was felt by many that there was room for improvement. In his report Professor Löfstedt made the following recommendation: “HSE should review all its ACOPs”. The Government accepted this recommendation and asked HSE to review its 52 ACOPs. MAIN PROVISIONS ACOPs are not law but do hold a special legal status (quasi-legal). By adhering to the advice in ACOPs material in relevant circumstances duty holders can be confident they are complying with the law. HSE is currently reviewing its guidance and presenting it to users in increasing levels of detail and specificity. These levels of guidance are arranged as follows: Level 1 – Health and Safety Made Simple and the revised Essentials of Health and Safety Level 2 – The ‘brief guide to…’ hazard based leaflets which explain risks in more detail and provide information on effective control Level 3 – Guidance which goes into more detail and often includes case studies. This includes: a) Industry Guidance (INDGs) which are industry or topic based guidance leaflets aimed at employers and workers. b) Health and Safety Guidance (HSGs) which provide more comprehensive, detailed advice often including case studies and can be either topic or sector based. Level 4 – Legal series guidance which present Regulations, AcoP advice and guidance This review aims to make sure that HSE’s portfolio of guidance is useful and balanced; making it easier for employers to understand and therefore meet their legal responsibilities. CURRENT STATUS HSE has conducted an initial review of 32 of its 52 ACOPs. The remaining 20 ACOPs have not been reviewed at this time as they are associated with ongoing sector specific consolidations or other regulatory amendments and will be reviewed in the course of the delivery of those processes. Only the ACOPs relevant to the rail industry are listed in the following table: Railway Safety Legislation Update; No.70; February 2014 24 Section 1 – Proposals to revise, consolidate or withdraw ACOPs; to be delivered by end-2013 The initial review identified 15 ACOPs that HSE proposes to revise, consolidate or withdraw. If agreed these proposals will be taken forward by the review for delivery by the end of 2013 Consultation Status Dangerous substances and explosive atmospheres L134 Design of plant, equipment & workplaces – Dangerous Substances & Explosive Atmospheres Regs 2002 L135 Storage of dangerous substances – Dangerous Substances & Explosive Atmospheres Regs 2002 L136 Control & mitigation measures – Dangerous Substances & Explosive Atmospheres Regs 2002 5 ACOPS consolidated into a single revised ACOP (L138) published in December 2013 http://www.hse.gov.uk/pubns/priced/l138.pdf L137 Safe maintenance, repair & cleaning procedures – Dangerous Substances & Explosive Atmospheres Regs 2002 L138 Dangerous Substances & Explosive Atmospheres Regulations 2002 Legionella HSE has published four documents to replace the original L8 - L8 Legionnaires’ disease L8 ACOP on the control of Legionella in water systems published November 2013 http://www.hse.gov.uk/pubns/priced/l8.pdf HSG 274 Part 1 Interim Guidance on the control of Legionella in evaporative cooling systems published November 2013 http://www.hse.gov.uk/pubns/priced/hsg274part1.pdf HSG 274 Part 2 Interim Guidance on the control of Legionella in water systems published January 2014 http://www.hse.gov.uk/pubns/priced/hsg274part2.pdf HSG 274 Part3 Guidance on the control of Legionella in other risk systems published in November 2013 http://www.hse.gov.uk/Pubns/priced/hsg274part3.pdf HSE is currently reviewing HSG 274 part 2 and has launched a consultation on it (deadline 2 March 2014). Comments should be sent to legionella.ACOPconsultation@hse.gsi.gov.uk HSE has also launched a dedicated website containing information on Legionella and how to control risks from exposure to Legionella from manmade water systems. The website can be found here http://www.hse.gov.uk/legionnaires/ Railway Safety Legislation Update; No.70; February 2014 25 Consultation Status Asbestos 2 ACOPS Consolidated into a single revised ACOP (L143) published in December 2013. http://www.hse.gov.uk/pubns/priced/l143.pdf L127 The management of asbestos in non-domestic premises L143 Work with materials containing asbestos Gas safety COP20 Standards of training in safe gas installation L56 revised to make it clearer what duty holders can do to comply with legal requirements and to reduce duplication of other more targeted guidance. COP20 is withdrawn and any material it contains that is still relevant (paragraphs 13 and 14) incorporated within L56. Revised copy published in November 2013 http://www.hse.gov.uk/pubns/priced/l56.pdf Hazardous substance L5 revised and published in November 2013 http://www.hse.gov.uk/pubns/priced/l5.pdf L56 Safety in the installation and use of gas systems and appliances L5 The Control of Substances Hazardous to Health Regulations 2002 Approved Code of Practice and Guidance Workplaces L24 Workplace health, safety and welfare Management of health and safety L21 Management of health and safety at work L24 revised to make it clearer what duty holders must do to comply with legal requirements and reduce duplication in the ACOP of duties covered in the legislation. Revised copy published in November 2013 http://www.hse.gov.uk/pubns/priced/l24.pdf This has now been withdrawn and replaced with more specific, updated guidance. See text after this table for more information. Section 2 – Proposals to make minor revisions or no changes – to be delivered by end-2014 The initial review identified 15 ACOPs where HSE proposes to make minor revisions or no changes. Subject to the outcome of the consultation, these changes will be taken forward separately to the review for delivery by end-2014. All are CD241 unless stated http://consultations.hse.gov.uk/consult.ti/cd241/viewCompoundDoc?docid=66420&partid=67572&sessionid=&voteid=&clientuid=194529 Consultation Proposal and HSE consultation page Consultation Status Work equipment L22 Safe use of work equipment L112 Safe use of power presses CD241 - Retained these three ACOPS, revise and update their contents and make it clearer what dutyholders can do to comply with legal requirements. Not open yet L114 Safe use of woodworking machinery Railway Safety Legislation Update; No.70; February 2014 26 Consultation Proposal and HSE consultation page Lifting equipment CD241 - Retained and revised, contents update their contents and make it clearer what dutyholders can do to comply with legal requirements. Not open yet CD241 - Retained and revised, contents update their contents and make it clearer what dutyholders can do to comply with legal requirements. Not open yet CD241 - ACOP is retained and minor amendments made to make it easier for dutyholders to understand what they can do to comply with legal requirements. Not open yet CD241 - ACOP is retained and amended to reflect changes to relevant legislation, remove material that duplicates guidance now made available on the HSE website and make it clearer what dutyholders can do to comply with legal requirements where required. Not open yet CD241 - It is proposed that no changes are required for this ACOP at this time. Not open yet L113 Safe use of lifting equipment Confined spaces L101 Safe work in confined spaces Pressure systems L122 Safety of pressure systems Hazardous substances L132 Control of lead at work Worker involvement Consultation Status L146 Consulting workers on health and safety Annex 1 – ACOPs to be revised or withdrawn Consultation Status Lift trucks L117 has been incorporated into HSE guidance HSG6 - Safety in working with lift trucks http://www.hse.gov.uk/pubns/priced/l117.pdf L117 Rider-operated lift trucks: Operator training Chemicals L130 was withdrawn from use in January 2014. L130 The compilation of safety data sheets Railway Safety Legislation Update; No.70; February 2014 27 Annex 2 – ACOPs not reviewed due to ongoing sector specific consolidations of legislation or other regulatory amendments 20 ACOPs have not been reviewed at this time as they are associated with ongoing sector specific consolidations or other regulatory amendments and will be reviewed in the course of the delivery of those processes. Consultation Proposal and HSE Consultation page Consultation status No information available N/A Consultation Proposal and HSE Consultation page Docks COP25 Safety in docks The Docks Regulations 1988 will be revoked on 6 April 2014. This Approved Code of Practice (ACOP), COP25 Safety in docks, will also be withdrawn on that date. COP25 Safety in docks applies up to and including 5 April 2014. A new ACOP, L148 Safety in docks, will apply from 6 April 2014. Consultation status Explosives Consultation CD256 closed. Details of the proposal can be found here L139 Manufacture of storage of explosives http://www.hse.gov.uk/consult/condocs/cd256.htm Construction L144 Managing health and safety in construction N/A 24/09/2013 Flammable substances L93 Approved tank requirements – The provisions for bottom loading and vapour recovery systems of mobile containers carrying petrol L133 Unloading petrol from road tankers Consultation CD264 closed, Details of the proposal can be found here 07/02/2014 http://www.hse.gov.uk/consult/condocs/cd264.htm COP6 Petroleum-spirit (plastic containers) Regulations 1982 Radiation No information available N/A L121 Work with ionising radiation First Aid See CD248 and CD251 L74 First aid at work L74 was reissued on 1 October 2013 Railway Safety Legislation Update; No.70; February 2014 N/A 28 L21 Management of health and safety at work HSE has updated its web-site pages on managing health and safety and has published a new version of its guidance document Managing for Health and Safety (HSG65). This can be found here: http://www.hse.gov.uk/pubns/books/hsg65.htm Management for Health and Safety (HSG65) The Guidance no longer refers to the POPMAR management model, it now explains the Plan, Do, Check, Act approach and shows how it can help you achieve a balance between the systems and behavioural aspects of management. Other related documents are : - Health and Safety Made Simple; which can be found here: http://www.hse.gov.uk/pubns/indg449.pdf - The guidance previously branded as “Essentials”; http://www.hse.gov.uk/toolbox/index.htm - The Five Steps to Risk Assessment; http://www.hse.gov.uk/pubns/indg163.pdf; and which which can be found here: can be found here: OTHER INFORMATION The ACOP review process is quite a large fluid one with updates and consultations being issued regularly. We will continue to update the RSLU on the changes made, but as the RSLU is only published quarterly we recommend that readers subscribe to the HSE update service http://press.hse.gov.uk/subscribe/ to up to date on progress. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 29 CD243 – Proposals to simplify and clarify Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) reporting requirements. BACKGROUND Following the recommendations made from the Lofstedt review of Health & Safety Regulations in November 2011 the HSE led a review of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). The aim was to clarify and simplify RIDDOR and provide a reporting mechanism which is appropriate for enforcing authorities’ current and anticipated needs. The HSE consulted on the proposals and the outcome of the consultation can be viewed at: www.hse.gov.uk/aboutus/meetings/hseboard/2013/300113/pjanb1304.pdf The impact assessment of the consultation was published in May 2013 and can be found here http://www.hse.gov.uk/consult/condocs/cd243-update.pdf MAIN PROVISIONS The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013) came into force on 1 October 2013 and can be found here: http://www.legislation.gov.uk/uksi/2013/1471/contents/made. RIDDOR 2013 replace the 1995 Regulations and, among other things: remove the requirement for suicides to be reported to ORR; replace the classification of ‘major injuries’ to workers with a shorter list of ‘specified injuries’; simplify the list of dangerous occurrences; and reduces the list of 47 reportable occupational health conditions to eight groups of short latency occupational diseases. CURRENT STATUS HSE has published guidance to RIDDOR 2013, which can be found here: http://www.hse.gov.uk/riddor/index.htm RAILWAY INDUSTRY POSITION RSSB are currently developing options to change SMIS to automatically report reportable injuries to the revised definitions contained in the revised RIDDOR regulations. A revised version of SMIS containing the revised definitions is due for release by the end of March 2014 and will coincide with ORR update of their accident reporting system. It should be noted that the change to the definitions in RIDDOR does not impact upon the mandatory requirement for all Railway Group Members to report into SMIS all injuries to workforce, passengers and public, as defined in Railway Group Standard GE/RT8047 OTHER INFORMATION On the 1 November 2013 ORR published rail-specific guidance to RIDDOR 2013, which can be found here: http://orr.gov.uk/__data/assets/pdf_file/0010/2332/riddor-guidance.pdf .This includes a new reporting mechanism, which removes the monthly ‘bulk’ reporting of certain dangerous occurrences. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 30 Enforcement procedures against drink drivers and other offences BACKGROUND In June 2010 Sir Peter North wrote a report on the review of drink and drug driving law, and in November 2010 the Transport Select Committee wrote a report on Drink and Drug Driving Law. The Government responded to both reports in March 2011 proposing legislative changes on drink and drug driving1. MAIN PROVISIONS The legislative changes proposed in this consultation relate to Great Britain. The proposals are consistent with the devolution of the drink drive limit in Scotland, through the Scotland Act 2012. The Government sought a view on the following proposed changes – The withdrawal of the ‘statutory option’;2 Changes as to when preliminary breath tests are needed; Changes to the testing procedures in hospital; Changes to who can assess if someone is under the influence of drugs; Amendments to the regimes for aviation, rail and shipping which mirror the road regime. CURRENT STATUS The results from the consultation were released on 24 July 2013. The original consultation paper and full outcome can be found here: https://www.gov.uk/government/consultations/enforcement-procedures-against-drink-driversand-other-offenders. The consultation took the form of a questionnaire and composed of 10 questions. These were: Q1-4 Removal of the statutory option and the retention of the current blood to breath ratio. Q5 Changes to when preliminary breath tests are required outside police stations and hospitals. Q6 Allowing registered healthcare professional to take blood samples from suspected drink and drug drivers. Q7 Allowing registered healthcare professionals to provide an assessment whether a condition is due to the presence of drugs in the body. Q8 Whether the above proposals should be implemented in other transport sectors, e.g. rail, aviation and shipping. Q9 Whether or not to extend post court rehabilitation schemes to other offences Q10 Respondents to agree to evaluation of the use of extended driving tests and other competence tests with a view to considering their use more widely for offences. From the rail sector, Eurostar and RSSB responded to this consultation (questions Q1-4, Q5, Q6 and Q8 only) – see link above for detailed response to each question. The main changes would be to the Road Traffic Act 1988 – repeal Sections 8(2), 8(2A), 8(3) and change Sections 8(1) 2 The current prescribed limit for driving with excess alcohol is expressed in terms of alcohol concentration in breath, blood and urine. The statutory option allows suspects whose breath alcohol concentrations readings do not exceed 50 microgrammes of alcohol per 100 microgrammes of breath (the prescribed limit is 35) to ask for a blood or urine test (named the statutory option) 1 Railway Safety Legislation Update; No.70; February 2014 31 An impact assessment was conducted in October 2012 researching into the two possible outcomes, these being: Option 1 – removal of the statutory option without any changes in prescribed limits; Option 2 – removal of the statutory option with revised prescribed limits for blood and urine based on a different implied blood to breath alcohol concentration ratio. The summary of the preferred option was to withdraw the statutory option, without changing any of the prescribed limits for drink-driving (option 1). The preferred timing would be at a similar time to the introduction of mobile evidential breath testing equipment in 2014. This is dependent on parliamentary time being found for legislative changes. The legislative changes would be likely to be commenced shortly after the Royal Assent of the relevant legislation. The government is working with the Association of Chief Police Officers (ACPO) to ensure the timing of implementation is co-ordinated with the necessary changes to police procedures. It is also considering the implications for the far rarer police testing arrangements in the aviation, rail and shipping sectors. Post-legislative scrutiny requirements for primary legislation require a review five years after the relevant Act is passed. Drink drive casualties, proceedings and breath tests are all monitored continuously with annual statistics being produced. The DfT would propose to use these and work with the CPO to monitor the effects of removing the statutory option and introducing mobile evidential breath testing equipment, when the changes are made and after two and five years. This policy is next set to be reviewed in December 2016. RAILWAY INDUSTRY POSITION RSSB will continue to monitor this legislative change and update this paper as and when new information is received. OTHER INFORMATION DATE UPDATED October 2013 Railway Safety Legislation Update; No.70; February 2014 32 Section 4 - UK Legislation (Railways) Railway Safety Legislation Update; No.70; February 2014 33 Level crossing legislation BACKGROUND Following a joint submission by ORR and DfT. The Law Commission, together with the Scottish Law Commission, agreed to carry out a review of the law relating to level crossings as part of the Law Commission’s Tenth Programme of Law Reform. The project covered level crossings in the GB rail network. The Law Commission is a statutory independent body whose role is to keep the law under review and recommend reform where needed. MAIN PROVISIONS The Law Commission and the Scottish Law Commission have carried out a project which examines the legal framework relating to level crossings, with a view to simplify and modernise. The legislation governing level crossings is complex and antiquated, much of it dating back to the nineteenth century. At present, the provisions relating to level crossings are scattered amongst legislation relating to different areas of law. With the legislation currently contained in public Acts, private special Acts, bye-laws or subordinate legislation, there is a requirement to attempt to consolidate the law in this area. This consultation proposes a complete overhaul of existing level crossings legislation, and in particular it will look at: The creation of level crossings Rights of way and access issues Current Regulation of level crossings Criminal offences Level crossing closures Signs and highway code CURRENT STATUS On 25 September 2013 the law commission published a report which can be found here http://lawcommission.justice.gov.uk/docs/lc339_level_crossings.pdf. The report explains and sets out recommendations, together with a draft Level Crossings Bill, draft Level Crossing Plans Regulations, an analysis of consultation responses and an economic impact assessment. The recommendations would: Create a new, more streamlined procedure to close individual level crossings where it is in the public interest to do so. Bring safety regulation entirely under the umbrella of the Health and Safety at Work etc Act 1974. Provide tools to support this under health and safety regulations, including level crossings plans, enforceable agreements between railway operators and other duty holders, and a power for the Secretary of State to issue directions if necessary. Improve the balance of convenience to all level crossing users by imposing a statutory duty upon railway and highway operators to consider the convenience of all users when carrying out their obligations in respect of level crossings. Improve efficiency and level crossing management by imposing a statutory duty on highway and railway operators to make arrangements to co-operate with each other in carrying out their obligations in respect of level crossings. Provide clarity in certain areas of land law about the position of statutory level crossings. Disapply statutory provisions relating to safety at level crossings, which have been superseded by more recent law or are otherwise obsolete. Some of the Commissions’ original proposals were dropped following consultation, for example the introduction of specific criminal offences to address level crossing misuse. Railway Safety Legislation Update; No.70; February 2014 34 This report concludes the Law Commission level crossings project and it is now for Ministers to decide how to implement its recommendations. RAILWAY INDUSTRY POSITION RSSB, Network Rail and ATOC responded to the consultation process. OTHER INFORMATION The Commons Transport Select Committee has held an inquiry into safety at level crossings. This inquiry was outlined in the committee’s recent report which set it out its future work programme for 2013-14. The report can be viewed here http://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/438/438.pdf The Committee’s specific report following the level crossings inquiry is in preparation. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 35 Section 5 - Other railway related consultations Railway Safety Legislation Update; No.70; February 2014 36 ORR’s Approach to Transparency BACKGROUND Openness and Transparency are both crucial elements in delivering the Governments’ objectives for strengthened public accountability; public service improvement; and encouraging wider economic growth through the development of products and services based on public sector information. Transparency is also a key factor in the Governments’ strategy, which was laid out in its document ‘Better Choices: Better Deals’. In support of this strategy, the DfT published a Command Paper in March 2012 called ‘Reforming our Railways: Putting the Customer First’: http://www.dft.gov.uk/publications/reforming-ourrailways/, which details how this kind of approach could be used within the rail industry. The ORR has supported this view of transparency in the railways and ‘believes it has a vital role to play in driving the behavioural changes necessary for industry reform, delivering better value for money and delivering a customer focussed industry’. In May 2011 the ORR launched the National Rail Trends (NRT) Portal, which provides the public access to a wide variety of rail statistics. The NRT has a report wizard which enables users to query detailed data and see key data via tables and charts. MAIN PROVISIONS The ORR has published a consultation document to gain views on the ORR’s approach to transparency. They believe transparency is important in driving the behavioural changes necessary for industry reform, delivering better value for money and a more customer focussed industry. The ORRs vision for the development of more transparency in the rail industry is: Hold the sector to account by reputation in absolute terms and by comparison; Hold ORR to account in how they discharge their statutory responsibilities, in the substance of their decisions and what they spend; Exposure where the industry spends the money it receives and on what, to enable passengers, funders and taxpayers to consider whether they are getting value for money and to support informed choices about future spends including at local level; Enable passengers and freight customers to exercise choice where available and to match the service or product to their needs; and Stimulate the design and introduction of new consumer led services and products by third party developers with potential downstream commercial applications. CURRENT STATUS The ORR has published a consultation document which describes why they believe transparency is so important, and outlines the current focus and activities of ORR and the industry. They are seeking views on how they should go about assessing the risks and benefits of more transparency and what factors they should take into account, including how we should measure whether their objectives are being achieved. The consultation closed on 19 October 2012 information on the responses received can be found here - http://orr.gov.uk/news-and-media/email-alerts/2012/regulator-welcomesrailways-transparency-push ORR held a stakeholder workshop on 10 December 2012, which was attended by Colin Dennis of RSSB and other industry stakeholders. This conference discussed what transparency means in the context of the railways and how they can work together to deliver the benefits that transparency can bring to passengers, taxpayers and the industry. Railway Safety Legislation Update; No.70; February 2014 37 RAILWAY INDUSTRY POSITION RSSB responded to the consultation. OTHER INFORMATION ORR is considering its approach to transparency and will publish a statement shortly. DATE UPDATED February 2014 Railway Safety Legislation Update; No.70; February 2014 38 Section 5 – News Railway Safety Legislation Update; No.70; February 2014 39 News New Asbestos Exemption for the Placing on the Market of Railway Vehicles and Components ORR has been given new enforcement powers and is now able to grant exemptions for the continued supply of second-hand railway vehicles containing asbestos under the recently amended REACH Enforcement (Amendment) Regulations 2013. REACH Enforcement (Amendment) Regulations 2013 is a European regulation which deals with the Registration, Evaluation. Authorisation and Restriction of Chemicals. ORR have taken the proactive step of authorising a generic exemption allowing the controlled supply of older (pre-2005) railway vehicles and components which contain asbestos. The exemption is wide in scope and applies to all railway vehicles which are subject to ORR’s health and safety enforcement. This includes mainline railways, heritage systems, London Underground, Tramways, light rail systems and other types of people mover. ORR intends to use these new enforcement powers to encourage further improvement in the management of risks from asbestos in rail vehicles. The exemption can be found here http://orr.gov.uk/__data/assets/pdf_file/0010/10612/asbestos-exemption-no1-2014.pdf . Additional guidance on the exemption can be found here http://orr.gov.uk/__data/assets/pdf_file/0009/10611/asbestos-exemption-rgd-2014-01.pdf Anyone wishing to take advantage of the new exemption must be able to demonstrate that the conditions in the exemption are being met. These conditions require proper assessment and adequate control of risks to health; removal of asbestos, or substitution with nonasbestos parts, where reasonable; and accurate records of any asbestos in the vehicle or component before it can be placed on the market. Anyone involved in the supply chain for second-hand rolling stock containing asbestos should consult ORR’s web site for more details - http://www.orr.gov.uk/what-and-how-we-regulate/health-and-safety/guidance-andresearch/worker-safety/asbestos ORR’s Proposals for updating and consolidating old Railway Safety Legislation ORR is hoping to consult soon on proposals to streamline three sets of out-dated legislation into one new statutory instrument covering train protection systems, the prohibition of Mark 1 rolling stock & means of communication for passengers in an emergency. This project forms part of the Government’s Red Tape Challenge which looked to remove or improve legislation wherever possible. Please check for updates on the ORR website. Construction Design and Management Regulations Changes to regulations and ACoP to be consulted on 2007; HSE is expected to consult in the near future on proposals for changes to the Construction Design and Management Regulations 2007 and the associated ACoP”. There is no date set for this yet but the proposals are currently undergoing the usual government clearances before publication. Railway Safety Legislation Update; No.70; February 2014 40 HSE overhauls working at height guidance HSE has overhauled its online guidance covering working at height and has published a new microsite http://www.hse.gov.uk/work-at-height/index.htm The new microsite Provides simple advice about do's and don'ts when working at height to ensure people are clear on what the law requires Busts some of the persistent myths about health and safety law, such as the banning of ladders when they can still be used Offers targeted advice to helping business in different sectors manage serious risks sensibly and proportionately Helps workers to be clearer about their own responsibilities for working safely A brief guide to Work at Height, INDG401 has also been updated. The guide describes what employers need to do to protect their employees from falls from height and it can be found here http://www.hse.gov.uk/pubns/indg401.pdf Guidance on the safe use of ladders INDG455 has also been updated. This leaflet replaces INDG402 Safe use of ladders and stepladders: An employers’ guide, INDG403 A toolbox talk on leaning ladder and stepladder safety and INDG405 Top tips for ladder and stepladder safety. The document can be found herehttp://www.hse.gov.uk/pubns/indg455.pdf European Rail Agency (ERA) have updated their SMS Guidance ERA have updated its guidance on the construction, design, implementation and delivery of a structured and organisation-wide railway SMS. The update includes two new application guides on Human Factors and Safety Culture (produced by RSSB) The mini-site contains an interactive SMS wheel that enables users to navigate through the whole set of documents developed by the ERA together with relevant stakeholders. Its aim is to facilitate the compliance with the legal requirements that are in force from the Railway Safety Directive and other railway safety related legislation. Further information can be found at http://www.era.europa.eu/tools/sms/Pages/default. aspx Railway Safety Legislation Update; No.70; February 2014 41 Report Into the effectiveness of The Health and Safety (Offences) Act 2008 published On the 16th January the Department of Work and Pensions published its report into the effectiveness of The Health and Safety (Offences) Act 2008. The report compared the four years before the Act was introduced with the four years immediately afterward, the keys findings are The number of health and safety offences heard in the courts has dropped by 9% from 3,338 to 3,042 The proportion of health and safety offences sentenced in the lower courts has increased by 14% from 72% to 86% The number of health and safety offences heard in court that attracted a custodial sentence (or equivalent) increased by 283% from 78 to 221 The average fines imposed by the courts for breaches of health and safety Regulations have increased by 60% from £4,577 to £7,310 The average fines imposed by the courts for breaches of health and safety Acts have increased by 9% from £10,908 to £11,920 The average fines imposed by the courts for breaches of health and safety Acts and Regulations have increased by 25% from £13,334 to £16,730 Prior to the Act being introduced no fines of over £5,000 were given to offences heard in the lower courts, since the Act was introduced 346 offences have attracted fines in excess of £5,000 in the lower courts The full report can be found here – https://www.gov.uk/government/publications/health-andsafety-act-2008-post-legislative-scrutiny-memorandum-16-january-2014 Key Diary Dates Date Item 5 April 2014 HSE Health and Safety law poster 1999 version must be replaced by the 2009 poster or leaflet. The new version can be ordered from http://www.hse.gov.uk/pubns/books/lawposter.htm 29 Oct 2018 Train Driving Licences and Certificates Regulations 2010 (TDLCR) – Requirement for existing drivers (cross-border and domestic) to hold licences and certificates comes into effect http://www.rail-reg.gov.uk/server/show/nav.2447 Court Cases None Railway Safety Legislation Update; No.70; February 2014 42
